THE EXTRADITION ACT, 1962 

_________ 

ARRANGEMENT OF SECTIONS 

__________ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 

2.  Definitions. 

3.  Application of Act. 

CHAPTER II 

EXTRADITION OF FUGITIVE CRIMINALS TO FOREIGN STATE TO WHICH CHAPTER III DOES NOT APPLY 

4. 

Requisition for surrender. 

5.  Order for magisterial inquiry. 

6. 

7. 

8. 

9. 

10. 

Issue of warrant for arrest. 

Procedure before magistrate. 

Surrender of fugitive criminal. 

Power of magistrate to issue warrant of arrest in certain cases. 

Receipt in evidence of exhibits, depositions and other documents and authentication 
thereof. 

11. 

Chapter not to apply to commonwealth countries to which Chapter III applies. 

CHAPTER III 

RETURN OF FUGITIVE CRIMINALS TO FOREIGN STATES WITH EXTRADITION ARRANGEMENTS 

12.  Application of Chapter.   

13. 

14. 

15. 

16. 

Liability of fugitive criminals from foreign States to be apprehended and returned. 

Endorsed and provisional warrants. 

Endorsed warrant for apprehension of fugitive criminal. 

Provisional warrant for apprehension of fugitive criminal. 

17.  Dealing with fugitive criminal when apprehended. 

18. 

Return of fugitive criminal by warrant.  

CHAPTER IV 

SURRENDER OR RETURN OF ACCUSED OR CONVICTED PERSONS FROM FOREIGN STATES 

19.  Mode of requisition or form of warrant for the surrender or return to India of accused or 

convicted person who is in a foreign State or Commonwealth country. 

1 

 
SECTIONS 

20. 

Conveyance of accused or convicted person surrendered or returned. 

21.  Accused or convicted person surrendered or returned by foreign State not to be tried for 

certain offence. 

CHAPTER V 

MISCELLANEOUS  

22. 

23. 

Liability of fugitive criminals to be arrested and surrendered or returned. 

Jurisdiction as to offences committed at sea or in air. 

24.  Discharge of person apprehended if not surrendered or returned within two 

months.  

25. 

Release of persons arrested on bail. 

26.  Abetment of extradition offences. 

27. 

28. 

29. 

30. 

31. 

32. 

Lawfulness of, and retaking on escape from, custody under warrants. 

Property found on fugitive criminal. 

Power of Central Government to discharge any fugitive criminal. 

Simultaneous requisitions. 

Restrictions on surrender. 

Sections 29 and 31 to apply without any modification thereof.  

33.  Act not to affect the Foreigners Act, 1946. 

34. 

Extra territorial jurisdiction. 

34A. 

Prosecution on refusal to extradition.  

34B. 

Provisional arrest. 

34C.  

Provision of life imprisonment for death penalty. 

35.  Notified orders and notifications to be laid before Parliament. 

36. 

37. 

Power to make rules. 

Repeals and savings. 

  THE SCHEDULE. 

2 

 
 
 
 
 
 
 
THE EXTRADITION ACT, 1962 

ACT NO. 34 OF 1962 

An  Act  to  consolidate  and  amend  the  law  relating  to  the  extradition  of  fugitive  criminals 

1[and to provide for matters connected therewith or incidental thereto.] 

BE it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:― 

[15th September, 1962.] 

CHAPTER I 
PRELIMINARY 

1.  Short  title,  extent  and  commencement.―(1)  This  Act  may  be  called  the  Extradition  Act, 

1962. 

(2) It extends to the whole of India. 
(3) It shall come into force on such date2 as the Central Government may, by notification in the 

Official Gazette, appoint. 

2. Definitions.―In this Act, unless the context otherwise requires,― 

3[(a) “composite offence” means an act or conduct of a person occurred, wholly or in part, in 
a foreign State or in india but its effects or Intended effects, taken as a whole, would constitute an 
extradition offence in India or in a foreign State, as the case may be;] 

(b) “conviction” and “convicted” do not include or refer to a conviction which under foreign 
law is a conviction for contumacy, but the term “person accused” includes a person so convicted 
for contumacy; 

4[(c) “extradition offence” means― 

(i)  in  relation  to  a  foreign  State,  being  a  treaty  State,  an  offence  provided  for  in  the 

extradition treaty with that State; 

(ii)  in  relation  to  a  foreign  State  other  than  a  treaty  State  an  offence  punishable  with 
imprisonment for a term which shall not be less than one year under the laws of India or of a 
foreign State and includes a composite offence;] 
(d)  “extradition  treaty”  means  a  treaty  5[,agreement  or  arrangement)  made  by  India  with  a 
foreign State relating to the extradition of fugitive criminals, and includes any treaty 5[,agreement 
or  arrangement]  relating  to  the  extradition  of  fugitive  criminals  made  before  the  15th  day  of 
August, 1947, which extends to, and is binding on, India; 

(e) “foreign State” means any State outside India  6* * * and includes every constituent part, 

colony or dependency of such State; 

7[(f) “fugitive criminal” means a person who is accused or convicted of an extradition offence 
within  the  jurisdiction  of  a  foreign  State  and  includes  a  person  who,  while  in  India,  conspires, 

1. Added by Act 66 of 1993, s. 2 (w.e.f. 18-12-1993). 
2. 5th January, 1963, vide Notification No. G.S.R. 55, dated 5th January, 1963, see Gazette of India, Extraordinary, Part II, 

sec. 3(i). 

3. Subs. by Act 66 of 1993, s. 4, for clause (a) (w.e.f. 18-12-1993). 
4. Subs. by s. 4, ibid., for clause (c) (w.e.f.18-12-1993).  
5. Subs. by s. 4, ibid., for “or agreement” (w.e.f.18-12-1993). 
6. The words “other than a commonwealth country,” omitted by s. 4, ibid. (w.e.f. 18-12-1993). 
7. Subs. by s. 4, ibid., for clause (f) (w.e.f. 18-12-1993).  

3 

 
 
                                                           
attempts to commit or incites or participates as an accomplice in the commission of an extradition 
offence in a foreign State;] 

(g) “magistrate” means a magistrate of the first class or a presidency magistrate; 

(h) “notified order” means an order notified in the Official Gazette; 

(i) “prescribed” means prescribed by rules made under this Act; and 

(j) “treaty State” means a foreign State with which an extradition treaty is in operation. 

3.    Application  of  Act.―1[(1)  The  Central  Government  may,  by  notified  order,  direct  that  the 
provisions of this Act, other than Chapter III, shall apply, to such foreign State or part thereof as may 
be specified in the order.] 

(2) The Central Government may, by the same notified order as is referred to in sub-section (1) or 
any subsequent notified order, restrict such application to fugitive criminals found, or suspected to be, 
in such part of India as may be specified in the order. 

(3) Where the notified order relates to a treaty State,― 

(a) it shall set out in full the extradition treaty with that State ; 

(b) it shall not remain in force for any period longer than that treaty; and 

(c)  the  Central  Government  may,  by  the  same  or  any  subsequent  notified  order,  render  the 
application of this Act subject to such modifications, exceptions, conditions and qualifications as 
may be deemed expedient for implementing the treaty with that State. 

2[(4)  Where  there  is  no  extradition  treaty  made  by  India  with  any  foreign  State,  the 
Central Government may, by notified order, treat any Convention to which India and a foreign State 
are parties, as an extradition treaty made by India with that foreign State providing for extradition in 
respect of the offences specified in that Convention.] 

CHAPTER II 

EXTRADITION OF FUGITIVE CRIMINALS TO FOREIGN STATE 3* * * TO WHICH CHAPTER III DOES  
NOT APPLY 

4.  Requisition  for  surrender.―A  requisition  for  the  surrender  of  a  fugitive  criminal  of  a 

foreign State 4* * * may be made to the Central Government― 

(a) by a diplomatic representative of the foreign State 4* * * at Delhi; or 
(b)  by  the  Government  of  that  foreign  State  4*  *  *  communicating  with  the  Central 

Government through its diplomatic representative in that State 5***; 

and  if  neither  of  these  modes  is convenient,  the  requisition  shall  be  made  in  such  other  mode  as  is 
settled by arrangement made by the Government of the foreign State  4* * * with the Government of 
India. 

5.  Order  for  magisterial  Inquiry.―Where  such  requisition  is  made,  the  Central  Government 
may, if it thinks fit, issue an order to any Magistrate who would have had jurisdiction to inquire into 
the offence if it had been an offence committed within the local limits of his jurisdiction directing him 
to inquire into the case. 

1. Subs. by Act 66 of 1993, s. 5, for sub-section (1) (w.e.f. 18-12-1993).  
2. Ins. by s. 5, ibid. (w.e.f. 18-12-1993). 
3. The words “AND TO COMMONWEALTH COUNTRIES” omitted by s. 6, ibid. (w.e.f. 18-12-1993). 
4.  The words “or commonwealth country” omitted by s. 3, ibid. (w.e.f.18-12-1993). 
5.  The words “or country” omitted by s. 3, ibid. (w.e.f. 18-12-1993). 

4 

 
                                                           
6.  Issue  of  warrant  for  arrest.―  On  receipt  of  an  order  of  the  Central  Government  under  

section 5, the magistrate shall issue a warrant for the arrest of the fugitive criminal. 

7.  Procedure before magistrate.―(1) When the fugitive criminal appears or is brought before 
the magistrate, the magistrate shall inquire into the case in the same manner and shall have the same 
jurisdiction and powers, as nearly as may be, as if the case were one triable by a court of session or 
High Court. 

(2)  Without  prejudice  to  the  generality  of  the  foregoing  provisions,  the  magistrate  shall,  in 
particular, take such evidence as may be produced in support of the requisition of the foreign State          
1* * * and on behalf of the fugitive criminal, including any evidence to show that the offence of which 
the  fugitive  criminal  accused  or  has  been  convicted is  an  offence  of  political  character  or is  not  an 
extradition offence. 

(3)  If  the  Magistrate  is  of  opinion  that  a  prima  facie  case  is  not  made  out  in  support  of  the 

requisition of the foreign State 1* * *, he shall discharge the fugitive criminal. 

(4) If the Magistrate is of opinion that a prima facie case is made out in support of the requisition 
of the foreign State 1* * * he may commit the fugitive criminal to prison to await the orders of the 
Central  Government  and  shall  report  the  result  of  his  inquiry  to  the  Central  Government,  and  shall 
forward  together  with  such  report,  and  written  statement  which  the  fugitive  criminal  may  desire  to 
submit for the consideration of the Central Government. 

 8.  Surrender  of  fugitive  criminal.―If  upon  receipt  of  the  report  and  statement  under  sub-
section (4) of section 7, the Central Government is of opinion that the fugitive criminal ought to be 
surrendered  to  the  foreign  State  1*  *  *,  it  may  issue  a  warrant  for  the  custody  and  removal  of  the 
fugitive criminal and for his delivery at a place and to a person to be named in the warrant. 

9. Power of magistrate to issue warrant of arrest in certain cases.―(1) Where it appears to 
any  magistrate  that  a  person  within  the  local  limits  of  his  jurisdiction,  is  a  fugitive  criminal  of  a 
foreign  State  1*  *  *,  he  may,  if  he  thinks  fit,  issue  a  warrant  for  the  arrest  of  that  person  on  such 
information and on such evidence as would, in his opinion, justify the issue of a warrant if the offence 
of which the person is accused or has been convicted had been committed within the local limits of 
his jurisdiction. 

(2)  The  magistrate  shall  forthwith  report  the  issue  of  a  warrant  under  sub-section  (1)  to  the  
Central Government and shall forward the information, and the evidence or certified copies thereof to 
that Government. 

(3) A person arrested on a warrant issued under sub-section (1) shall not be detained for more than 
three months unless within that period the magistrate receives from the Central Government an order 
made with reference to such person under section 5. 

10.  Receipt  in  evidence  of  exhibits  depositions  and  other  documents  and  authentication 
thereof.―(1)  In  any  proceedings  against  a  fugitive  criminal  of  a  foreign  State  1*  *  *  under  this 
chapter,  exhibits  and  depositions  (whether  received  or  taken  in  the  presence  of  the  person  against 
whom they are used or not) and copies thereof and official certificates of facts and judicial documents 
stating facts may, if duly authenticated, be received as evidence. 

1. The words “or commonwealth country” omitted by Act 66 of 1993, s. 3 (w.e.f. 18-12-1993). 

5 

 
                                                           
 
(2) Warrants, depositions or statements on oath, which purport to have been issued or taken by 
any court of Justice outside India or copies thereof, certificates of, or judicial documents stating the 
facts of conviction before any such court shall be deemed to be duly authenticated if― 

(a) the warrant purports to be signed by a judge, magistrate or officer of the State 1* * * where 

the same was issued or acting in or of such State 1* * *; 

(b) the depositions of statements or copies thereof purport to be certified, under the hand of a 
judge, magistrate or officer of the State 1* * * where the same were taken, or acting in or for such 
State 1* * *, to be original depositions or statements or to be true copies thereof, as the case may 
require ; 

(c)  the  certificate  of,  or  judicial  document  stating  the  fact  of,  a  conviction  purports  to  be 
certified by a judge, magistrate or officer of the State  1* * * where the conviction took place or 
acting in or for such State ; 

(d)  the warrants, depositions, statements, copies, certificates and judicial  documents, as the 
case may be, are authenticated by the oath of some witness or by the official seal of a Minister of 
the State 1* * * where the same were 2* * * issued, taken or given. 

11.  Chapter  not  to  apply  to  Commonwealth  countries  to  which  Chapter  III  applies.― 
Nothing contained in this Chapter shall apply to fugitive criminals 3* * * to which Chapter III applies. 

CHAPTER III 
RETURN OF FUGITIVE CRIMINALS TO 4[FOREIGN STATES] WITH EXTRADITION ARRANGEMENTS 
12. Application of Chapter.― (1) This Chapter shall apply only to any such  5[foreign state] to 
which, by reason of an extradition arrangement entered into with that 6[State], it may seem expedient 
to the Central Government to apply the same.  

(2)  Every  such  application  shall  be  by  notified  order,  and  the  Central  Government  may,  by  the 
same  or  any  subsequent  notified  order,  direct  that  this  Chapter  and  Chapters  I,  IV  and  V  shall,  in 
relation to any such  5[foreign State], apply subject to such modifications, exceptions, conditions and 
qualifications  as  it  may  think  fit  to  specify  in  the  order  for  the  purpose  of  implementing  the 
arrangement. 

13.  Liability  of  fugitive  criminals  from  foreign  States  to  be  apprehended  and 
returned.―Where a fugitive criminal of any 5[foreign State] to which this Chapter applies is found in 
India, he shall be liable to be apprehended and returned in the manner provided by this Chapter to that 
5[foreign State]. 

14.  Endorsed  and  provisional  warrants.―A  fugitive  criminal  may  be  apprehended  in  India 

under an endorsed warrant or a provisional warrant. 

15.  Endorsed  warrant  for  apprehension  of  fugitive  criminal.―Where  a  warrant  for  the 
apprehension  of  a  fugitive  criminal  has  been  issued  in  any  5[foreign  State]  to  which  this  Chapter 
applies and such fugitive criminal is, or is suspected to be, in India, the Central Government may, if 
satisfied that the warrant was issued by a person having lawful authority to issue the same, endorse 
such  warrant  in  the  manner  prescribed,  and  the  warrant  so  endorsed  shall  be  sufficient  authority  to 
apprehend the person named in the warrant and to bring him before and magistrate in India.  

1. The words “or country” omitted by Act 66 of 1993, s. 3 (w.e.f. 18-12-1993).  
2. The word “respectively” omitted by s. 7, ibid. (w.e.f. 18-12-1993). 
3. The words “of a commonwealth country” omitted by s. 8, ibid. (w.e.f. 18-12-1993). 
4. Subs. by s. 9, ibid., for “COMMONWEALTH COUNTRIES” (w.e.f. 18-12-1993). 
5. Subs. by s. 3, ibid., for “commonwealth country” (w.e.f. 18-12-1993). 
6. Subs. by s. 10, ibid., for  “country” (w.e.f. 18-12-1993). 

6 

 
                                                           
16. Provisional warrant for apprehension of fugitive criminal.―(1) Any magistrate may issue 
a provisional warrant for the apprehension of a fugitive criminal from any  1[foreign State] to which 
this Chapter applies who is, or is suspected to be, in or on his way to India, on such information and 
under  such  circumstances  as  would,  in  his  opinion,  justify  the  issue  of  a  warrant,  if  the  offence  of 
which  the  fugitive  criminal  is  accused  or  has  been  convicted  had  been  committed  within  his 
jurisdiction and such warrant may be executed accordingly.  

(2)  A  magistrate  issuing  a  provisional  warrant  shall  forthwith  send  a  report  of  the  issue  of  the 
warrant together with the information or a certified copy thereof to the Central Government, and the 
Central Government may, if it thinks fit, discharge the person apprehended under such warrant.  

(3)  A  fugitive  criminal  apprehended  on  a  provisional  warrant  may,  from  time  to  time,  be 
remanded  for  such  reasonable  time,  not  exceeding  seven  days  at  any  one  time,  as  under  the 
circumstances seems requisite for the production of an endorsed warrant. 

17. Dealing with fugitive criminal when apprehended.―(1) If the magistrate, before whom a 
person apprehended under this Chapter is brought, is satisfied on inquiry that the endorsed warrant for 
the  apprehension  of  the  fugitive  criminal  is  duly  authenticated  and  that  the  offence  of  which  the 
person  is  accused  or  has  been  convicted  is  an  extradition  offence,  the  magistrate  shall  commit  the 
fugitive criminal to prison to await his return and shall forthwith send to the Central Government a 
certificate of the committal. 

(2)  If  on  such  inquiry  the  magistrate  is  of  opinion  that  the  endorsed  warrant  is  not  duly 
authenticated  or  that  the  offence  of  which  such  person  is  accused  or  has  been  convicted  is  not  an 
extradition offence, the magistrate may, pending the receipt of the orders of the Central Government, 
detain such person in custody or release him on bail. 

(3)  The  magistrate  shall  report  the  result  of  his  inquiry  to  the  Central  Government  and  shall 
forward  together  with  such  report  any  written  statement  which  the  fugitive  criminal  may  desire  to 
submit for the consideration of that Government. 

18. Return of fugitive criminal by warrant.―The Central Government may, at any time after a 
fugitive criminal has been committed to prison under this Chapter, issue a warrant for the custody and 
removal to the 1[foreign State] concerned of the fugitive criminal and for his delivery at a place and to 
a person to be named in the warrant.  

CHAPTER IV 

SURRENDER OR RETURN OF ACCUSED OR CONVICTED PERSONS FROM FOREIGN STATES 2* * * 

19. Mode of requisition or form of warrant for the surrender or return to India of accused 
or convicted person who is in a foreign State 3* * *.―(1) A requisition for the surrender of a person 
accused or convicted of an extradition offence committed in India and who is or is suspected to be, in 
any  foreign  State  4*  *  *  to  which  Chapter  III  does  not  apply,  may  be  made  by  the  
Central Government― 

(a) to a diplomatic representative of that State 5* * * at Delhi; or 
(b) to the Government of that State  5* * * through the diplomatic representative of India in 

that State  5* * *;  

and  if  neither  of  these  modes  is convenient,  the  requisition  shall  be  made  in  such  other  mode  as  is 
settled by arrangement made by the Government of India with that State 5* * *. 

1. Subs. by Act 66 of 1993, s. 3, for “commonwealth country” (w.e.f. 18-12-1993). 
2. The words “OR COMMONWEALTH COUNTRIES” omitted by s. 11, ibid. (w.e.f. 18-12-1993). 
3. The words “or commonwealth country” omitted by s. 3, ibid. (w.e.f. 18-12-1993). 
4. The words “or a commonwealth country” omitted by s. 3, ibid. (w.e.f. 18-12-1993).  
5. The words “or country” omitted by s. 3, ibid. (w.e.f.18-12-1993). 

7 

 
                                                           
(2)  A  warrant  issued  by  a  magistrate  in  India  for  the  apprehension  of  any  person  who  is,  or  is 
suspected to be, in any  1[foreign State] to which Chapter III applies shall be in such form as may be 
prescribed. 

20.  Conveyance  of  accused  or  convicted  person  surrendered  or  returned.―Any  person 
accused or convicted of an extradition offence who is surrendered or returned by a foreign State 2*** 
may, under the warrant of arrest for his surrender or return issued in such State or country, be brought 
into India and delivered to the proper authority to be dealt with according to law. 

3[21. Accused or convicted person surrendered or returned by foreign State not to be tried 
for certain offences.―Whenever any person accused or convicted of an offence, which, if committed 
in India would be an extradition offence, is surrendered or returned by a foreign State, such person 
shall not, until he has been restored or has had an opportunity of returning to that State, be tried in 
India for an offence other than― 

(a) the extradition offence in relation to which he was surrendered or returned; or  

(b) any lesser offence disclosed by the facts proved for the purposes of securing his surrender 
or return other than an offence in relation to which an order for his surrender or return could not 
be lawfully made; or  

(c) the offence in respect of which the foreign State has given its consent.]  

CHAPTER V 

MISCELLANEOUS 

22.  Liability  of  fugitive  criminals  to  be  arrested  and  surrendered  or  returned.―Every 
fugitive criminal of a foreign State  2* * * shall, subject to the provisions of this Act, be liable to be 
arrested and surrendered or returned, whether the offence in respect of which the surrender or return is 
sought was committed before or after the commencement of this Act, and whether or not a court in 
India has jurisdiction to try that offence. 

23.  Jurisdiction  as  to  offences  committed  at  sea  or  in  air.―Where  the  offence  in  respect  of 
which the surrender or return of a fugitive criminal is sought was committed on board any vessel on 
the high seas or any aircraft while in the air outside India or the Indian territorial waters which comes 
into any port or aerodrome of India, the Central Government and any magistrate having jurisdiction in 
such port or aerodrome may exercise the powers conferred by this Act. 

24. Discharge of person apprehended if not surrendered or returned within two months.― 
if  a  fugitive  criminal  who,  in  pursuance  of  this  Act,  has  been  committed  to  prison  to  await  his 
surrender or return to any foreign State  4* * * is not conveyed out of India within two months after 
such committal, the High Court, upon application made to it by or on behalf of the fugitive criminal 
and upon proof that reasonable notice of the intention to make such application has been given to the 
Central Government, may order such prisoner to be discharged unless sufficient cause is shown to the 
contrary. 

25.  Release  of  persons  arrested  on  bail.―In  the  case  of  a  person  who  is  a  fugitive  criminal 

arrested  or  detained  under  this  Act,  the  provisions  of  5[the  Code  of  Criminal  Procedure,  1973               
(2 of 1974)] relating to bail shall apply in the same manner as they would apply if such person were 
accused  of  committing  in  India  the  offence  of  which  he  is  accused  or  has  been  convicted,  and  in 
relation to such bail, the magistrate before whom the fugitive criminal is brought shall have, as far as 
may be, the same powers and jurisdiction as a court of session under that Code.  

1. Subs. by Act 66 of 1993, s. 3, for “commonwealth country” (w.e.f. 18-12-1993). 
2. The words “or commonwealth country” omitted by s. 3, ibid. (w.e.f. 18-12-1993). 
3. Subs. by s. 12, ibid., for section 21 (w.e.f. 18-12-1993). 
4. The words “or country” omitted by s. 3, ibid. (w.e.f. 18-12-1993). 
5. Subs. by s. 13, ibid., for “the Code of Criminal Procedure, 1898 (5 of 1898)”  (w.e.f. 18-12-1993). 

8 

 
                                                           
26.  Abetment  of  extradition  offences.―A  fugitive  criminal  who  is  accused  or  convicted  of 
abetting  1[,  conspiring,  attempting  to  commit,  inciting  or  participating  as  an  accomplice  in  the 
commission of] any extradition offence shall be deemed for the purposes of this Act to be accused or 
convicted  of  having  committed  such  offence  and  shall  be  liable  to  be  arrested  and  surrendered 
accordingly. 

27. Lawfulness of, and re-taking on escape from, custody under warrants.―It shall be lawful 
for any person to whom a warrant is directed for the apprehension of a fugitive criminal to hold in 
custody  and  convey  the  person  mentioned  in  the  warrant  to  the  place  named  in  the  warrant,  and  if 
such person escapes out of any custody to which he may be delivered in pursuance of such warrant, he 
may be re-taken as a person accused of an offence against the law of India may be re-taken upon an 
escape. 

28.  Property  found  on  fugitive  criminal.―Everything  found  in  the  possession  of  a  fugitive 
criminal at the time of his arrest which may be material as evidence in proving the extradition offence 
may be delivered up with the fugitive criminal on his surrender or return, subject to the rights, if any, 
of third parties with respect thereto. 

29.  Power  of  Central  Government  to  discharge  any  fugitive  criminal.―  If  it  appears  to  the 
Central Government that by reason of the trivial nature of the case or by reason of the application for 
the surrender or return of a fugitive criminal not being made in good faith or in the interests of justice 
or  for  political  reasons  or  otherwise,  it  is  unjust  or  inexpedient  to  surrender  or  return  the  fugitive 
criminal,  it  may,  by  order,  at  any  time  stay  any  proceedings  under  this  Act  and  direct  any  warrant 
issued or endorsed under this Act to be cancelled and the person for whose arrest the warrant has been 
issued or endorsed to be discharged. 

30.  Simultaneous  requisitions.―If  requisitions  for  the  surrender  of  a  fugitive  criminal  are 
received from more than one foreign State  2***, the Central Government may, having regard to the 
circumstances of the case, surrender the fugitive criminal to such State or country as that Government 
thinks fit. 

31. Restrictions on surrender.―3[(1)] A fugitive criminal shall not be surrendered or returned to 

a foreign State 4***.―  

(a) if the offence in respect of which his surrender is sought is of a political character or if he 
proves to the satisfaction of the magistrate or court before whom he may be produced or of the 
Central Government that the requisition or warrant for his surrender has, in fact, been made with a 
view to try or punish him for an offence of a political character;  

(b) if prosecution for the offence in respect of which his surrender is sought is according to 

the law of that State 5*** barred by time;  

6[(c) unless provision is made by that law of the foreign State or in the extradition treaty with 
the  foreign  State  that  the  fugitive  criminal  shall  not  be  determined  or  tried  in  that  State  for  an 
offence other than— 

(i) the extradition offence in relation to which he is to be surrendered or returned;  

(ii)  any  lesser  offence  disclosed  by  the  facts  proved  for  the  purposes  of  securing  his 
surrender  or  return  other  than  an  offence  in  relation  to  which  an  order  for  his  surrender  or 
return could not be lawfully made; or  

(iii) the offence in respect of which the Central Government has given its consent;]  

1. Ins. by Act 66 of 1993, s. 14 (w.e.f 18-12-1993). 
2. The words “or commonwealth country or from any foreign State and any commonwealth country” omitted by s. 15, ibid. 

(w.e.f 18-12-1993). 

3.  Section 31 re-numbered as sub-section (1) of that section by s. 16, ibid. (w.e.f. 18-12-1993). 
4. The words “or commonwealth country” omitted by s. 3, ibid. (w.e.f.18-12-1993). 
5. The words “or country” omitted by s. 3, ibid. (w.e.f. 18-12-1993). 
6. Subs. by s. 16, ibid., for clause (c) (w.e.f. 18-12-1993).  

9 

 
                                                           
(d)  if  he  has  been  accused  of  some  offence  in  India,  not  being  the  offence  for  which  his 
surrender or return is sought, or is undergoing sentence under any conviction in India until after 
he has been discharged, whether by acquittal or on expiration of his sentence or otherwise;  

(e) until after the expiration of fifteen days from the date of his being committed to prison by 

the magistrate. 
1[(2)  For  the  purposes  of  sub-section  (1),  the  offence  specified  in  the  Schedule  shall  not  be 

regarded as offences of a political character.  

(3)  The  Central  Government  having  regard  to  the  extradition  treaty  made  by  India  with  any 

foreign State may, by notified order, add or omit any offence from the list given in the Schedule.] 

32. Sections 29 and 31 to apply without any modification thereof.― Notwithstanding anything 
to the contrary contained in section 3 or section 12, the provisions of sections 29 and 31 shall apply 
without any modification to every foreign State 2***. 

33. Act not to affect the Foreigners Act, 1946.―Nothing in this Act shall affect the provisions 

of the Foreigners Act, 1946 (31 of 1946), or any order made thereunder. 

3[34.  Extra  territorial  jurisdiction.―An  extradition  offence  committed  by  any  person  in  a 
foreign State shall be deemed to have been committed in India and such person shall be liable to be 
prosecuted in India for such offence. 

34A. Prosecution on refusal to extradition.― Where the Central Government is of the opinion 
that a fugitive criminal cannot be surrendered or returned pursuant to a request for extradition from a 
foreign State, it may, as it thinks fit, take steps to prosecute such fugitive criminal in India. 

34B.  Provisional  arrest.―(1)  On  receipt  of  an  urgent  request  from  a  foreign  State  for  the 
immediate arrest  of  a  fugitive  criminal, the  Central  Government  may  request the  Magistrate  having 
competent jurisdiction to issue a provisional warrant for the arrest of such fugitive criminal. 

(2) A fugitive criminal arrested under sub-section (1) shall be discharged upon the expiration of 
sixty days from the date of his arrest if no request for his surrender or return is received within the 
said period. 

34C. Provision of life imprisonment for death penalty.―Notwithstanding anything contained 
in  any  other  law  for  the  time  being  in  force,  where  a  fugitive  criminal,  who  has  committed  an 
extradition offence punishable with death in India, is surrendered or returned by a foreign State on the 
request  of  the  Central  Government  and  the  laws  of  that  foreign  State  do  not  provide  for  a  death 
penalty for such an offence, such fugitive criminal shall be liable for punishment of imprisonment for 
life only for that offence.] 

35. Notified orders and notifications to be laid before Parliament.―Every notified order made 
or notification issued under this Act shall, as soon as may be after it is made or issued, be laid before 
each House of Parliament. 

36.  Power  to  make  rules.―(1)  The  central  Government  may,  by  notification  in  the  

Official Gazette, make rules to carry out the purposes of this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may 

provide for all or any of the following matters, namely:― 

(a) the form in which a requisition for the surrender of a fugitive criminal may be made; 
(b) the form in which a warrant for the apprehension of any person in a  4[foreign State]  to 

which Chapter III applies may be made;  

1. Ins. by Act 66 of 1993, s. 16 (w.e.f. 18-12-1993). 
2. The words “or commonwealth country” omitted by s. 3, ibid. (w.e.f. 18-12-1993). 
3. Subs. by s. 17, ibid., for section 34 (w.e.f. 18-12-1993). 
4. Subs. by s. 3, ibid., for “commonwealth country” (w.e.f. 18-12-1993). 

10 

 
                                                           
 
(c) the manner in which any warrant may be endorsed or authenticated under this Act;  

(d) the removal of fugitive criminals accused or in custody under this Act and their control 
and maintenance until such time as they are handed over to the persons named in the warrant as 
entitled to receive them;  

(e) the seizure and disposition of any property which is the subject of, or required for proof of, 

any alleged offence to which this Act applies;  

(f) the form and manner in which or the channel through which a magistrate may be required 

to make his report to the Central Government under this Act;  

(g) any other matter which has to be, or may be, prescribed.  

(3) Every rule made under this section shall be laid as soon as may be after it is made before each 
House of Parliament while it is in session for a total period of thirty days which may be comprised in 
one  session  or  1[in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session 
immediately following the session or the successive session aforesaid], both Houses agree in making 
any  modification  in  the  rule  or  both  Houses  agree  that  the  rule  should  not  made,  the  rule  shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so however 
that  any  such  modification  or  annulment  shall  be  without  prejudice  to  the  validity  of  anything 
previously done under that rule. 

37.  Repeals  and  savings.―(1)  The  Indian  Extradition  Act,  1903  (15  of  1903),  and  any  law 
corresponding thereto in force at the commencement of this Act in the territories which, immediately 
before the 1st day of November, 1956, were comprised in Part B States and the North East Frontier 
Agency and Tuensang District (Extradition) Regulation, 1961 (3 of 1961), are hereby repealed.  

(2) The Extradition Acts, 1870 to 1932 (33 and 34 Vict. c. 52; 36 and 37 Vict. c. 60; 6 Edw. 7, c. 
15; 22 and 23 Geo. 5, c. 39, 44 and 45 Vict. c. 69) and the Fugitive Offenders Act, 1881, in so far as 
they apply to and operate as part of the law of India, are hereby repealed.  

1. Subs. by Act 4 of 1986, s. 2 and the Schedule, for certain words (w.e.f 15-5-1986). 

11 

 
 
 
 
 
 
 
                                                           
1[THE SCHEDULE 

[See Section 31(2)] 

OFFENCES WHICH ARE NOT TO BE REGARDED AS OFFENCES OF A POLITICAL CHARACTER 

The following list of offences is to be construed according to the law in force in India on the date 
of the alleged offence. Wherever the names of the relevant Acts are not given, the sections referred to 
are the sections of the Indian Penal Code (45 of 1860):― 

1. Offences under the Anti-Hijacking Act, 1982 (65 of 1982).  

2. Offences under the Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982 

(66 of 1982).  

3.  An  offence  within  the  scope  of  the  Convention  on  the  punishment  of  crimes  against 
Internationally  protected persons including diplomatic agents, opened for signature at New York on 
14th December, 1973. 

 4.  An  offence  within  the  scope  of  the  International  Convention  against  the  taking  of  hostages 

opened for signature at New York on 18th December, 1979. 

 5. Culpable homicide, murder (sections 299 to 304).  

6.  Voluntarily  causing  hurt  or  grevious  hurt  by  a  dangerous  weapon  or  means  (sections  321  to 

333).  

7. Offences under the Explosive Substances Act, 1908 (6 of 1908).  

8. Possession of a fire-arm or ammunition with intention to endanger life [section 27 of the Arms 

Act, 1959 (54 of 1959)]. 

 9. The use of a fire arm with intention to resist or prevent the arrest or detention [section 28 of the 

Arms Act, 1959 (54 of 1959)].  

10. Causing of loss or damage to property used for public utilities or otherwise with intention to 

endanger life (section 425 read with section 440).  

11. Wrongful restraint and wrongful confinement (sections 339 to 348).  

12. Kidnapping and abduction including taking of hostages (sections 359 to 369).  

13.  Offences  related  to  terrorism  and  terrorist  acts  [Terrorist  and  Disruptive  Activities 

(Prevention) Act, 1987 (28 of 1987).  

14. Abetting, conspiring or attempting to commit, inciting, participating as an accomplice in the 

commission of any of the offences listed above.] 

1. Subs. by Act 66 of 1993, s. 18, for “The First and Second Schedules” (w.e.f. 18-12-1993).  

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